Open Access. Powered by Scholars. Published by Universities.®

Judges Commons™

Open Access. Powered by Scholars. Published by Universities.®

7,594 Full-Text Articles 5,548 Authors 6,434,637 Downloads 182 Institutions

All Articles in Judges

Faceted Search

7,594 full-text articles. Page 76 of 213.

"Will The Real Mens Rea Please Stand Up: Assessing The Fifth Circuit's Kickback Jurisprudence After United States V. Nora, John J. LoCurto 2021 St. Mary's University School of Law

"Will The Real Mens Rea Please Stand Up: Assessing The Fifth Circuit's Kickback Jurisprudence After United States V. Nora, John J. Locurto

Faculty Articles

When an appellate court goes out of its way to note, not once but twice, that a defendant convicted of fraud and conspiracy was just twenty-two years old and had only a high school degree when he joined a criminal venture, it is probably a safe bet that a reversal is coming. That is exactly what happened in United States v. Nora. The United States Court of Appeals for the Fifth Circuit overturned young Jonathon Nora's conviction for his part in a multi-million-dollar scheme to defraud Medicare. The case is, sadly enough, nondescript as health care frauds go, except for …


My Friend, Charles Reich, Hon. Guido Calabresi 2021 Touro University Jacob D. Fuchsberg Law Center

My Friend, Charles Reich, Hon. Guido Calabresi

Touro Law Review

No abstract provided.


Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh 2021 Touro University Jacob D. Fuchsberg Law Center

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.


Keeping Up: Walking With Justice Douglas, Charles A. Reich 2021 Touro University Jacob D. Fuchsberg Law Center

Keeping Up: Walking With Justice Douglas, Charles A. Reich

Touro Law Review

No abstract provided.


Introduction, David Faigman 2021 UC Law SF

Introduction, David Faigman

The Judges' Book

No abstract provided.


Health Law: Vaccine Mandates: A Primer, Dorit Reiss 2021 UC Law SF

Health Law: Vaccine Mandates: A Primer, Dorit Reiss

The Judges' Book

No abstract provided.


Civil Procedure: The Zooming Of Federal Civil Litigation, Scott Dodson 2021 UC Law SF

Civil Procedure: The Zooming Of Federal Civil Litigation, Scott Dodson

The Judges' Book

No abstract provided.


Constitutional Law: Blockchain’S Challenge For The Fourth Amendment, Paul Belonick 2021 UC Law SF

Constitutional Law: Blockchain’S Challenge For The Fourth Amendment, Paul Belonick

The Judges' Book

No abstract provided.


Foreword, Nicholas G. Garaufis The Honorable 2021 UC Law SF

Foreword, Nicholas G. Garaufis The Honorable

The Judges' Book

No abstract provided.


Bankruptcy: Bankruptcy Hardball, Jared Ellias 2021 UC Law SF

Bankruptcy: Bankruptcy Hardball, Jared Ellias

The Judges' Book

No abstract provided.


Employment Law: Proving Racial And Gender Bias Under Title Vii, Joan C. Williams 2021 UC Law SF

Employment Law: Proving Racial And Gender Bias Under Title Vii, Joan C. Williams

The Judges' Book

No abstract provided.


Health Law: Physician Aid In Dying And Assessment Of Patient Capacity, Lois A. Weithorn 2021 UC Law SF

Health Law: Physician Aid In Dying And Assessment Of Patient Capacity, Lois A. Weithorn

The Judges' Book

No abstract provided.


Corporate Law: Does Trados Matter?, Abraham J.B. Cable 2021 UC Law SF

Corporate Law: Does Trados Matter?, Abraham J.B. Cable

The Judges' Book

No abstract provided.


Tax: Exit Rights Triggered By Tax Law Changes, Heather M. Field 2021 UC Law SF

Tax: Exit Rights Triggered By Tax Law Changes, Heather M. Field

The Judges' Book

No abstract provided.


Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel 2021 University of Nevada, Las Vegas -- William S. Boyd School of Law

Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel

Scholarly Works

In Part I, I discuss the reasons why corpus linguistics should not be considered in isolation from contextual factors, as the latter often illuminate meanings that cannot be found from simply chronicling the usage of a given word. In Part II, I demonstrate, through the lens of three Supreme Court cases, that corpus linguistics does not aid interpretation when the words of a statute or document are clear, but their application to the facts at hand is not. My critique of corpus linguistics mirrors the larger, long-running, and ongoing debate of the merits of a more textual approach to interpretation …


Table Of Contents, 2021 UC Law SF

Table Of Contents

The Judges' Book

No abstract provided.


Civil Procedure: A Critique Of Jurisdictionality, Scott Dodson 2021 UC Law SF

Civil Procedure: A Critique Of Jurisdictionality, Scott Dodson

The Judges' Book

No abstract provided.


Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews 2021 New York Law School

Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews

Articles & Chapters

This chapter will focus on the contribution of female judges to the transformation of the judiciary in South Africa and specifically the pursuit of gender equality. It is a limited project that will explore the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system in South Africa after apartheid. In examining the impact of women judges on constitutional jurisprudence with respect to gender equality, I explore whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its …


Judicial Power—Immigration-Style, Jayanth K. Krishnan 2021 Indiana University Maurer School of Law

Judicial Power—Immigration-Style, Jayanth K. Krishnan

Articles by Maurer Faculty

Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court struck down one of the DHS's most well-known initiatives, which sought to end the 'DACA' program. The Court held that the agency could not do so arbitrarily and had to comply with the requirements set forth in the Administrative Procedure Act.

Yet, there have been other areas where the DHS, particularly through its …


Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit 2021 Southern Methodist University, Dedman School of Law

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Faculty Journal Articles and Book Chapters

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on the ABA Model Rule 8.4(g), which regulates professional misconduct, this article argues that ethics rules can, under certain conditions, offer an effective deterrent to exclusionary practices among legal actors. Part I examines the specific history, evolution, and application of revised ABA Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …


Digital Commons powered by bepress